<br />SUPPLEMENTARY CONDITIONS TO SUBCONTRACT
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<br />ARTICLE 1 - SERVICES PROVIDED BY CONTRACTOR
<br />1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference
<br />in the Subcontractor's Work. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor
<br />copies of the construction schedule and schedule of submittals to enable the Subcontractor to plan and perform the Subcontractor's Work
<br />properly.
<br />ARTICLE 2 - CONTRACTOR'S REMEDIES
<br />2.1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and/or falls behind in scheduled work
<br />more than three (3) working days, due to the lack of performance on the part of the Subcontractor, Ranon & Jimenez may, upon twenty-
<br />four (24) hour written notice, supplement the subcontractor's labor, supervision, materials and equipment to reinstate the scheduled work.
<br />All costs associated with all supplemental labor, supervision, materials and equipment by Ranon & Jimenez shall be deducted from the
<br />Subcontractor's contract.
<br />ARTICLE 3 - SUBCONTRACTOR
<br />3.1 The Subcontractor shall review all of the Construction Documents(Drawings and Specifications) for any additional requirements, in order
<br />to provide a complete scope of work.
<br />3.2 The Subcontractor shall cooperate with the Contractor in scheduling and performing the Subcontractor's Work to avoid conflict, delay in
<br />or interference with the Work of the Contractor, other subcontractors or Owner's own forces.
<br />3.3 The Subcontractor shall promptly submit Shop Drawings, Product Data, Samples and similar submittals required by the Subcontract
<br />Documents with reasonable promptness and in such sequence as to cause no delay in the Work.
<br />3.4 The Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of publiC authorities bearing on
<br />performance of the Work of this Subcontract. The Subcontractor shall secure and pay for permits and govemmental fees, licenses and
<br />inspections necessary for proper execution and completion of the Subcontractor's Work, the furnishing of which is required of the
<br />Contractor by the Prime Contract.
<br />3.5 The Subcontractor shall comply with Federal, state and local tax laws, social security acts, unemployment compensation acts and worker's
<br />or workmen's compensation acts insofar as applicable to the performance of this Subcontract.
<br />3.6 In the performance ofthis work scope, the Subcontractor shall protect all pre-existing, adjacent conditions from damage. Upon completion
<br />of this work scope, the Subcontractor shall protect the new work from damage. Replace all materials damaged as a result of the
<br />performance of this work scope.
<br />ARTICLE 4 - SAFETY PRECAUTIONS & PROCEDURES
<br />4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety
<br />measures initiated by the Contractor and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety
<br />of persons or property.
<br />4.2 The Subcontractor shall furnish Material Safety Data Sheets on all products containing hazardous materials at least seven (7) calendar
<br />days before introducing these products to the job site.
<br />4.3 The Subcontractor shall comply with all OSHA safety requirements.
<br />4.4 The Subcontractor shall provide hoisting and marshaling of materials and equipment within this scope of work. Remove and replace any
<br />safety rails and/or barricades, as necessary, during the work process or during deliveries of materials and/or equipment.
<br />ARTICLE 5 - CHANGES IN THE WORK
<br />5.1 The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies
<br />of a c1aim- for adjustment to the Subcontract Sum and Subcontract Time for such revised Work consistent with the attached (if
<br />any)procedure.
<br />ARTICLE 6 -INDEMNIFICATION
<br />6.1 For the specific consideration of Ten Dollars ($10.00) and to the fullest extent permitted by law, the Subcontractor agrees to indemnity and
<br />hold harmless the Contractor, the Owner, the ArchitecUEngineer and all of their agents and employees from and against all claims,
<br />damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance, or failure in
<br />performance, ofthe Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense (1) is attributable
<br />to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss
<br />of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Subcontractor or anyone directly
<br />or indirectly employed by him or anyone for whose acts he may by liable regardless of whether it is caused in part by a party indemnified
<br />hereunder. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which
<br />would otherwise exist as to any party or person described in the Paragraph 2.
<br />6.2 In any and all claims against the Contractor or any of his agents or employees, by the Subcontractor, any employee-of the Subcontractor,
<br />anyone directly or indirectly employed by him or anyone for whose acts he may be liable, the indemnification obligation under this
<br />Paragraph 2 shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or
<br />for the Subcontractor under Workers' Compensation acts, disability benefit acts or other employee benefit acts.
<br />6.3 The obligations of the Subcontractor under this Paragraph 2 shall not extend to the liability of the ArchitecUEngineer, his agents or
<br />employees, arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or
<br />specifications, or (b) the giving of or failure to give directions or instructions by the ArchitecUEngineer, his agent or employees, providing
<br />such giving or failure to give is the primary cause of the injury or damage.
<br />ARTICLE 7 - INSURANCE AND BONDS
<br />7.1 Prior to starting Work the Subcontractor shall procure and maintain in force, Workers' Compensation Insurance, Comprehensive
<br />Commercial General Liability Insurance and Automobile Liability Insurance. Proof of such insurance must be provided prior to the
<br />commencement of any work. Any tier of subcontractor you intend to bring on the job must also provide proof of insurance.
<br />7.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, The ArchitecUEngineer, separate contractors,
<br />and all other subcontractors for damages caused by fire or other perils to the extent covered by Builder's Risk, Installation Floater or any
<br />other property insurance, except such rights as they may have to the proceeds of such insurance.
<br />ARTICLE 8 - ARBITRATION
<br />8.1 Any controversy or claim between the Contractor and the Subcontractor arising out of or related to this Subcontract, or the breach thereof,
<br />shall be settled by arbitration.
<br />ARTICLE 9 - PAYMENT PROCEDURES
<br />9.1 The period covering each application for payment shall be one calendar month ending on the date(s) scheduled by the Owner.
<br />9.2 Applications for payment must be submitted on AlA documents G702 and G703, or similar documents pre-approved by Ration and
<br />Jimenez, Inc.
<br />9.3 Final payment will not be made until any and all warranties and/or guarantees, as-built drawings, operations & maintenance manuals,
<br />etc.(as required by the Contract Documents) and Final Waivers of Lien have been submitted.
<br />ARTICLE 10 - CLEANING UP
<br />10.1 On a daily basis, provide cteanup of work areas and place waste materials, rubbish, and debris(generated by operations performed under
<br />this Subcontract) outside of building in trash containers provided by Ranon & Jimenez, Inc.. Separate materials designated for recycling
<br />and place into appropriate recycling containers. .
<br />10.2 In the event a Subcontractor fails to provide adequate clean-up within 24 hours of written, faxed or e-mail notification by Ranon & Jimenez,
<br />Inc. clean-up will be done by Ranon & Jimenez. In the event a Subcontractor fails to respond immediately to a hazardous or unsafe
<br />condition, Ranon & Jimenez, Inc. will act accordingly to remedy the condition, without a notification period. 'In both cases, the subsequent
<br />costs will be borne by the subcontractor.
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